Reagarding eway bill penalty

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Piyush lalwani (Querist)

11 May 2018 if eway bill is not generated but truck contain taxable invoice and tax amount in all invoice in truck is 20000 and there is no evasion of tax.than what is the maximum penalty depart can pass?
penalty of 20000

or tax amount + penalty=20000+20000=40000

C.A. Umeshkumar Acharya

C.A. Umeshkumar Acharya (Expert)

12 May 2018 When there is no evasion no penalty can be imposed.

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Piyush lalwani

Piyush lalwani (Querist)

14 May 2018 but department is charging penalty even if there is no evasion of tax .and penalty section specified minimum penalty of 10000 or amount of tax evaded whichever higher.kindly clearify it?

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

20 July 2025 The department cannot charge both tax + penalty again if tax is already paid.
Penalty applies as a fine for non-compliance (no E-way bill).
Always generate E-way bills to avoid such penalties.

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